301.048(4m)(b)
(b) As soon as possible after a prisoner, probationer, parolee or person on extended supervision who has violated
s. 940.03,
940.05,
940.225 (1) or
(2),
948.02 (1) or
(2),
948.025,
948.06 or
948.07 enters the intensive sanctions program, the department shall make a reasonable attempt to notify all of the following persons, if they can be found, in accordance with
par. (c) and after receiving a completed card under
par. (d):
301.048(4m)(b)1.
1. The victim of the crime committed by the prisoner, probationer, parolee or person on extended supervision or, if the victim died as a result of the crime, an adult member of the victim's family or, if the victim is younger than 18 years old, the victim's parent or legal guardian.
301.048(4m)(b)2.
2. Any witness who testified against the prisoner, probationer, parolee or person on extended supervision in any court proceeding involving the offense.
301.048(4m)(c)
(c) The department shall make a reasonable effort to send the notice to the last-known address of the persons under
par. (b).
301.048(4m)(d)
(d) The department shall design and prepare cards for any person specified in
par. (b) to send to the department. The cards shall have space for any such person to provide his or her name and address, the name of the applicable participant and any other information the department determines is necessary. The department shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in
par. (b). These persons may send completed cards to the department. All department records or portions of records that relate to mailing addresses of these persons are not subject to inspection or copying under
s. 19.35 (1).
301.048(5)
(5) Escape. Any intentional failure of a participant to remain within the extended limits of his or her placement or confinement under
sub. (3) (a) or to return within the time prescribed by the administrator of the division is considered an escape under
s. 946.42 (3) (a).
301.048(6)(a)(a) Except as provided in
par. (b), the department may discharge a participant from participation in the program and from departmental custody and control at any time.
301.048(6)(b)
(b) The department may discharge a participant who is on extended supervision under
s. 302.113 from participation in the program at any time, but the person remains under departmental supervision under the terms of the person's bifurcated sentence imposed under
s. 973.01 until the end of that sentence.
301.048(7)
(7) Reimbursement. The department shall provide reimbursement to counties and others for the actual costs incurred under
sub. (3), as authorized by the department, from the appropriations under
s. 20.410 (1) (ab) and
(b).
301.048(8)
(8) Education. The department and the director of state courts shall educate judges, district attorneys, criminal defense attorneys, county sheriffs, jail administrators and members of the public regarding the intensive sanctions program.
301.048(10)
(10) Rules. The department shall promulgate rules to implement this section.
301.048 Annotation
Intensive Sanctions: A New Sentencing Option. Fiedler. Wis. Law. June 1992.
301.048 Annotation
Read together, ss. 301.046 and 301.048 permit an escape charge when a prisoner in community residential confinement cuts off an electronic bracelet and fails to return. State v. Holliman,
180 Wis. 2d 348,
509 N.W.2d 73 (Ct. App. 1993).
301.048 Annotation
The extension under s. 973.032 of an intensive sanctions program placement period must be based on public safety considerations and the participant's need for punishment and treatment. All that needs to be shown at an extension hearing is that the participant has not made sufficient progress in the program and more time is required to meet those concerns. State v. Turner,
200 Wis. 2d 168,
546 N.W.2d 880 (Ct. App. 1996).
301.048 Annotation
Except as provided in s. 301.048 (7), counties are responsible for the provision of medical and dental services, including psychiatric and alcohol and drug abuse services to persons in the intensive sanctions program.
81 Atty. Gen. 156.
301.048 Annotation
The extension under s. 973.032 of an intensive sanctions program placement period must be based on public safety considerations and the participant's need for punishment and treatment. All that needs to be shown at an extension hearing is that the participant has not made sufficient progress in the program and more time is required to meet those concerns. State v. Turner,
200 Wis. 2d 168,
546 N.W.2d 880 (Ct. App. 1996).
301.048 Annotation
Custody of a person in the intensive sanctions program under s. 301.048 exists for purposes of sentence credit under s. 973.155 only if the person's sanctions program sufficiently infringes upon the person's freedom to equate with being under the state's control for a substantial time. State v. Collett,
207 Wis. 2d 321,
558 N.W.2d 642 (Ct. App. 1996).
301.048 Annotation
The department of corrections is not prevented form requiring a person on mandatory release parole to wear an electronic monitoring bracelet. State ex rel. Macemon v. Reynolds,
208 Wis. 2d 594,
561 N.W.2d 779 (Ct. App. 1997).
301.048 Annotation
Administrative confinement may be followed by a criminal conviction for escape where both arise from a participant's leaving the halfway house where he was assigned under the intensive sanctions program. State v. Grosse,
210 Wis. 2d 173,
565 N.W.2d 164 (Ct. App. 1997).
301.048 Annotation
Placement under this section does not confer a liberty interest. A return to prison after revocation of status under the program is a change from a lesser to a higher form of confinement. State ex rel. Harris v. Smith,
220 Wis. 2d 158,
582 N.W.2d 131 (Ct. App. 1998).
301.049
301.049
Mother-young child care program. 301.049(1)
(1)
Program. The department shall administer a mother-young child care program allowing females to retain, during participation in the program, the physical custody of their children.
301.049(2)(a)(a) The department shall provide the program for females who are:
301.049(2)(a)2.
2. On probation, extended supervision or parole and who, if approved by the department under
par. (b), would participate in the program as an alternative to revocation of probation, extended supervision or parole.
301.049(2)(b)
(b) A female covered under
par. (a) and her child may enter the program if all of the following conditions are met: